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HTMLSuperior Court Upholds Bad Faith Punitive Damages Award, And Permits Inclusion of Attorney's Fees as Part of Base Number upon Which to Calculate Punitive Damages (Superior Court of Pennsylvania, non-precedential)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 27, 2015
In Davis v. Fidelity National Title Insurance Company, a non-precedential decision of the Superior Court, the insured brought breach of contract and bad faith claims against its title insurer. After a lengthy process from the time the claim was made to the time the insurer paid another party...

 

HTMLIs Laminate Flooring the New Drywall for Insurers?
Kristin Suga Heres; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Insurance Law360 on March 6, 2015
Recent media reports alleging that certain laminate flooring manufactured in China and distributed in the U.S. contains unsafe levels of formaldehyde may have a familiar and frightening ring to them, particularly for insurers that weathered years of coverage litigation involving claims arising out...

 

HTMLNew Jersey Supreme Court Finds No Bad Faith Where Insurer Relied Upon Unpublished Appellate Division Opinion In Taking Action, And Where Policy Language Made Insurer’s Position Fairly Debatable; Court Restates New Jersey Law On First Party Bad Faith Claims (New Jersey Supreme Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 19, 2015
In Badiali v. New Jersey Manufacturers Insurance Group, the New Jersey Supreme Court issued its second opinion in a single day involving first party insurance bad faith claims. The insured was injured by an uninsured motorist. The insured had two insurers. The matter went to arbitration on the...

 

HTMLWeathering Winter Storm Juno With Roof Collapse Coverage
Seth V. Jackson; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Insurance Law360 on January 29, 2015
For most of the Northeast, this winter was off to a slow start in terms of snowfall. That was, however, until winter storm Juno paralyzed much of the Eastern Corridor and resulted in eye-popping, 3-foot-plus snow totals in some heavily populated areas. With more precipitation in the forecast, the...

 

HTMLDon't Mess With Texas Adjusters In Hail Damage Claims
Jennifer L. Gibbs; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Texas Law360 on February 6, 2015
Texas hail claim policyholder lawyers, like many plaintiffs¿ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to federal court, Texas policyholder attorneys simply sue the adjuster (who,...

 

HTMLNew Jersey Supreme Court Finds Um Bad Faith Claim Barred By Res Judicata, But Refers The Following Issues To The Civil Practice Committee In Connection With The Scope And Applicability Of New Jersey’s Rules To Um Claims
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 17, 2015
In Wadeer v. New Jersey Manufacturers Insurance Company, New Jersey’s Supreme Court took the opportunity to address potential changes in the Rules of Civil Procedure in the context of first party bad faith claims. In this uninsured motorist case, the plaintiff insured was injured by a driver...

 

HTMLPlaintiff Stated Bad Faith Claim When Alleging That Insurer’s Adjuster Admitted a Basis for Loss as to Which Coverage Was Due, But Insurer Later Denied Coverage (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 19, 2015
In Bannon v. Allstate Insurance Company, a Hurricane Sandy case, the policy provided “that coverage for dwellings or other structures did not include loss caused by ‘flood, including, but not limited to, surface water, waves, tidal water or overflow of any body of water or spray from...

 

HTMLInsurer Entitled To Attorney’s Fees Against Other Insurer In Declaratory Judgment Action; Claim Of Unclean Hands Rejected (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 24, 2015
In Carolina Casualty Insurance Company v. Travelers Property Casualty Company, the plaintiff insurer brought a declaratory judgment action against two other insurers. It sought a judgment that it owed no defense or coverage obligations in connection with an underlying claim. The defendant insurers...

 

HTMLEven Where Court Rules against Insurer’s Interpretation of Policy Language, No Bad Faith Can Exist Where That Interpretation Is Reasonable (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 11, 2015
In Gray v. Allstate Indemnity Company, the insured asserted breach of contract claim and bad faith claims due to the insurer’s alleged wrongful denial and refusal to pay insurance benefits for his fire loss claim, which was the result of vandalism. The insurer asserted that the property was...

 

HTMLNew Jersey Appellate Division Makes Clear That Proper Practice Requires Severing Bad Faith Claim From Uninsured Motorist Claim, And Staying Discovery Of The Bad Faith Claim Until The Underlying Claim Is Determined (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 26, 2015
In Wacker-Ciocco v. GEICO, the court addressed the applicability of its earlier decision in Procopio v. Government Employees Insurance Company, 433 N.J. Super. 377, 80 A.3d 749 (App. Div. 2013), on the issue of discovery and severance of bad faith claims. In the earlier case, the appellate court...

 


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